How common are illegal re-entry convictions?

The most recent United States Sentencing Commission (USSC) report shows that 22,136 illegal re-entry cases were referred to the federal agency in 2018. This marks an 8.6% increase over the number of cases filed in 2014. There are some trends as to who is most often convicted of such a crime, where the offenses occur and in terms of the sentences that are handed out in such cases.

USSC data shows that 98.8% of those individuals who were convicted of illegal reentry in 2018 were Hispanic. The remaining defendants were listed as .5% Black and .7% White.

Federal data shows that 96.5% of those who illegally re-entered the country in 2018 were men. The average age was 36.

The state with the highest number of individuals who attempted to illegally reenter the U.S. in 2018 was New Mexico. At least 81% of the cases that are referred to the USSC were filed there. Most other cases were tried in the Western and Southern Districts of Texas and in Arizona.

Federal data shows that 37% of defendants who were convicted of illegal re-entry had very little if any previous criminal convictions when sentenced in 2018. Only 8.1% of them had previous convictions for Criminal History Category V or VI offenses on their records. Many of these defendants received enhanced sentences for having previous convictions.

Federal data shows that just over 96% of offenders received prison sentences for attempting to illegally reenter the country. At least 76% of those individuals were given a prison sentence that fell within federal sentencing guidelines that year. Many were sentenced to 10 months for such an offense.

If you’re charged with illegal re-entry, then you immediately put yourself at risk for being placed in a detention center or jail. Even if you’re allowed to stay out of one of these facilities, then you’re likely to still have your movement restricted. If you’re convicted of such an offense, then you may be deported. You may also permanently lose your right to return to this country. An attorney in Edinburg can advise you of defense strategies that you may use to avoid a conviction in your Texas case.